Conditions of Use
Conditions of Use
Welcome to FootDynamics.com. If you visit or shop at FootDynamics.com, you accept the following conditions. Please read them carefully. In addition, when you use any current or future Foot Dynamics service or business you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your visit to FootDynamics.com, to understand our practices.
When you visit FootDynamics.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Foot Dynamics or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Foot Dynamics and protected by U.S. and international copyright laws. All software used on this site is the property of Foot Dynamics or its software suppliers and protected by United States and international copyright laws.
In addition, FootDynamics.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Foot Dynamics in the U.S. and/or other countries. Foot Dynamics’ trademarks and trade dress may not be used in connection with any product or service that is not FootDynamics’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Foot Dynamics. All other trademarks not owned by Foot Dynamics that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Foot Dynamics.
One or more patents owned by Foot Dynamics apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents.
LICENSE AND SITE ACCESS
Foot Dynamics grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Foot Dynamics. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Foot Dynamics. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Foot Dynamics without express written consent. You may not use any meta tags or any other “hidden text” utilizing Foot Dynamics’s name or trademarks without the express written consent of Foot Dynamics. Any unauthorized use terminates the permission or license granted by Foot Dynamics. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FootDynamics.com so long as the link does not portray Foot Dynamics, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Foot Dynamics logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Foot Dynamics does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use FootDynamics.com only with involvement of a parent or guardian. Foot Dynamics reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from Foot Dynamics are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Foot Dynamics does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Foot Dynamics does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
Foot Dynamics attempts to be as accurate as possible. However, Foot Dynamics does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Foot Dynamics is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FOOT DYNAMICS ON AN “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOOT DYNAMICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOOTDYNAMICS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM FOOT DYNAMICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOOTDYNAMICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your visit to FootDynamics.com or to products or services sold or distributed by Foot Dynamics or through FootDynamics.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting FootDynamics.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Idaho, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Foot Dynamics.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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